Article
Author: Ernest Zhang (University of Maryland)
A recent federal court decision upholding a state's rejection of timely cast absentee ballots received after Election Day illustrates a growing threat to voting rights. By making the right to vote contingent on postal speed over voter compliance, such a ruling risks widespread disenfranchisement, particularly of military voters, overseas citizens, students, disabled voters, and the elderly, threatening a system in which lawful votes are routinely discarded. This Article argues that such interpretations misread historical practice, distort Supreme Court precedent, and undermine election integrity, since federal law permits states to count ballots cast by Election Day even if received afterward. Legal scholarship has largely converged on the view that uniform Election Day statutes regulate when voting ends, not when ballot receipt must occur, a position supported by historical practice, federal legislation, and Supreme Court precedent. Recent judicial redefinitions of “casting,” “finality,” and “consummation” invert voter-centric election law and actively erode public confidence by transforming routine election administration into routine disenfranchisement.
Keywords: election law, disenfranchisement, absentee ballots
How to Cite: Zhang, E. (2026) “RNC v. Wetzel”, Washington University Undergraduate Law Review. 3(1). doi: https://doi.org/10.7936/wuulr.9313
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